city of johnson arkansas logo

City Council Minutes

April 12, 2011

JOHNSON CITY COUNCIL
MEETING MINUTES
April 12, 2011


Mayor Lonnie Barren called the meeting to order at 6:00 pm
Present were Alderman Melissia Tomlinson, Bill Burnett, Buddy Curry, Tom Bramlett,
Bob Fant and Keith Allen. Also present were City Clerk Jennifer Allen, City Attorney
Danny Wright, Police Chief Vernon Sisemore, Street Superintendent Randy Birchfield,
and Building Official Paul Sullins. Fire Chief Matt Mills was absent.
Mayor Barron stated Jennifer Allen's father had broken his hip and she had just returned
from Oklahoma City today, Betty Whittaker, our Court Clerk, is being treated for
Pancreatic Cancer at Baylor Medical Center in Dallas and Randy Birchfield has recently
had bypass surgery.
Mayor Barron asked for a motion to approve the minutes of the March 8, 2011 council
meeting. Tom Bramlett stated in new business the word wall needed to be fixed. Buddy
Curry made a motion to approve the minutes with the correction and Tom Bramlett
seconded. All approved.
Department Head Reports:
Police Chief Vernon Sisemore stated 23 new cases were opened, 15 were closed and 3
are pending. Chief Sisemore stated over all calls have slowed down a bit as has traffic,
probably due to the economy.
Fire Chief Matt Mills was absent and Todd Witzigman represented the department.
Witzigman stated they had 35 calls for service. Witzigman stated the ISO visit went very
well and the department hopes to move from a class 5 to a class 4 in a month or two.
Mayor Barron stated he appreciated all the work the department has gone to with the
ISO process.
Chief Sisemore stated the Johnson Switch Festival preparations are well underway;
10'x20' booths are available for $10.00, there will be music in the park from 6-8 pm,
there will be a car show and the PD will have drink concession and FD will have food
concession.
Street Superintendent Randy Birchfield stated the mowing season has started. Birchfield
stated he attended an OSHA meeting. Birchfield stated the chat pile has been moved to
create parking and the PD wall is completed except for the planting. Birchfield stated the
city has the opportunity to get in a program through Lowes to get a free asphalt crack
sealer application machine by buying 2 pallets of the crack sealer. Discussion was had.
Mayor Barron stated the parking above City Hall is being created with very little cost.
Building Official Paul Sullins stated he also attended the OSHA class. Sullins stated First
Security Bank has donated $400.00 for the Johnson Switch Festival.
City Clerk Jennifer Allen stated the funds for the Capital Improvement Loan have been
received. Allen stated ail spending has been frozen in an attempt to help the city regain
some financial stability; spending has exceeded income and the finances are very tight.
City Attorney Danny Wright stated he had begun working on the Code Book revision,
incorporating the First Class City information and hopes to have a combination of all
available to read next month. Wright stated the City has not received the official letter
from the Governor's office telling us we are officially a first class city and that gives us
some breathing room. Wright stated Deffenbaugh Industries is serious about collecting
the trash service bills. Wright stated the only way to not pay the quarterly fee is to
contact Deffenbaugh Industries and sign up for the yellow bag program. That way
instead of paying the quarterly fee, yellow bags can be purchased at City Hall. Wright
stated the information for the electronic message board is at the engineer and that any
changes or new ordinances have to come through the Planning Commission.
Mayor Barren stated Denny Upton is in charge of the Johnson Switch Festival.
Mayor Barren stated the Johnson Post Office is not on the cut list, but according to
Senator Womack's office it is on the list of PC's to be studied to be cut.
Mayor Barron stated he has imposed a spending freeze on all city expenditures; any
money to be spent is to be approved in advance until our current financial situation
improves.
Mayor Barron stated the property up on the hill by the bypass is still in the running for
the Washington County Campus of Northwest Arkansas Community College and they
are coming to look at it.
Mayor Barron brought to the council's attention a cost over run on the PD wall. Mayor
Barron stated the bid sheet called for 1,174 cubic yards of dirt to be removed from the
hill and in actuality 1,554 was hauled off. Mayor Barron stated the spec said to bill for
and/or subtract any variance from the bid amount; the bill for the overage was sent last
month and paid. Mayor Barron stated when the bill was sent this month, the city paid the
amount billed less the $2,008.00 overage that was paid last month, to stay in line with
the total amount approved last month. Buddy Curry wanted to know why this issue was
not brought out last month when this was all supposed to be hammered out. Mayor
Barron stated we didn't know it was an issue at that time. Mayor Barron stated we owe
Backus $2,008.00: our options are to decrease the amount of money to be used for the
ground cover ($4,500.00) or to approve spending the additional $2,008.00 on top of the
amount approved for the ground cover. Discussion was had. Melissia Tomlinson made a
motion to approve paying the extra $2,008.00 allowing the approved $4,500.00 to be
spent for ground cover and the project completed as approved. Bill Burnett seconded.
Discussion was had. Mayor Barron called for a roll call for the motion on the floor. Roll
call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, no; Tom Bramlett, yes; Bob
Fant, no; Keith Allen, no. Mayor Barron voted yes to break the tie and the motion was
approved. Bill Burnett stated Backus has done a great job and he loves the way it looks.
Mayor Barron stated that Garver Engineering called about the progress on Johnson
Road and came for a meeting. Mayor Barron was told an appraiser, John Reed, is doing
appraisals for the right-of-way and once the right-of-way has been secured, the project
will go out for bid.
Mayor Barren stated that the money for engineering the trails has been restored.
Mayor Barren stated that the Aldermen had received a list of surplus property the City
would like to auction during the Johnson Switch Festival and asked for permission to
proceed. A motion was made by Buddy Curry to approve the auction of the listed items
and was seconded by Bob Fant. All approved.
Mayor Barren stated he had received a price for the property next door of $245,000.00.
Mayor Barren stated in his opinion this was way too high; our appraisal was $90,000.00
and a suggested offer based on that price would be $70,000.00. Mayor Barron stated
nothing on the north side of Main Drive has sold in years and there was only 120'
frontage with the remainder of the 2.1 +/- acres behind the other property. No action will
betaken at this time.
Unfinished Business:
Mayor Barron presented ORDINANCE 2011-01: AN ORDINANCE REGULATING
COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL WITHIN THE CITY OF
JOHNSON, ARKANSAS, REQUIRING REGISTRATION OF HANDLERS OF
COMMERCIAL SOLID WASTE, ESTABLISHING A FEE FOR OVERSIGHT AND FOR
OTHER PURPOSES. Continued until next month.
New Business:
Mayor Barron presented ORDINANCE 2011-03: AN ORDINANCE REPEALING
ORDINANCE NO. 2010-08, APPROVING A CONTRACT WITH DEFFENBAUGH OF
ARKANSAS, LLC. TO PROVIDE RESIDENTIAL COLLECTION AND DISPOSAL OF
SOLID WASTE AND RECYCLABLES TO CUSTOMERS WITHIN JOHNSON,
ARKANSAS, AND GRANTING A FRANCHISE TO DEFFENBAUGH OF ARKANSAS,
LLC. TO PROVIDE RESIDENTIAL COLLECTION AND DISPOSAL OF SOLID WASTE
AND RECYCLABLES WITHIN THE CITY OF JOHNSON AND OTHER MATTERS
PERTAINING THERETO AND DECLARING AN EMERGENCY TO EXIST. City
Attorney Wright stated this ordinance was to transfer our contract from Rolloff to
Deffenbaugh. Mayor Barron asked for a motion to read the ordinance by title only. Bob
Fant made a motion to read the ordinance by title only and Buddy Curry seconded. Roll
call: Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes;
Bob Fant, yes; Keith Allen, yes. City Attorney Danny Wright read the ordinance by title
only. Mayor Barron asked for a motion to approve this first reading. Bob Fant made a
motion to approve this first reading and Keith Allen seconded. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes;
Keith Allen. Mayor Barron asked for a motion to suspend the rules and continue on to
the second reading by title only. Buddy Curry made a motion to suspend the rules and
continue to the second reading by title only and was seconded by Bob Fant. Roll call:
Melissia Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob
Fant, yes; Keith Allen, yes. City Attorney Wright read the ordinance by title only. Mayor
Barron asked for a motion to approve this second reading. Buddy Curry made a motion
to approve this second reading and Bob Fant seconded. Roll call: Melissia Tomlinson,
yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Keith Alien,
yes. Mayor Barren asked for a motion to suspend the rules and continue on to the third
reading by title only. Bob Fant made a motion to suspend the rules and continue to the
third reading by title only and was seconded by Buddy Curry. Roll call: Melissia
Tomlinson, yes; Bill Burnett, yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes;
Keith Allen, yes. City Attorney Wright read the ordinance by title only. Mayor Barren
asked for a motion to approve this third reading. Keith Allen made a motion to approve
the third reading and Bob Fant seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett,
yes; Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Keith Allen, yes. City
Attorney Wright read the Emergency Clause. Mayor Barron asked for a motion to
approve the Emergency Clause. Buddy Curry made a motion to approve the emergency
clause and Keith Allen seconded. Roll call: Melissia Tomlinson, yes; Bill Burnett, yes;
Buddy Curry, yes; Tom Bramlett, yes; Bob Fant, yes; Keith Allen, yes. ORDINANCE
2011-03 was approved effective 4/12/2011.
Bob Fant asked that City Attorney Danny Wright review all bid contracts in the future to
avoid the problems we have been having recently with them being too complicated and
the city not getting what we think we are. All agreed.
Mayor Barron asked for a motion to pay the bills from the General Fund, Street Fund,
Act 988 Fund, Warrant Service Fund and Court Automation Fund that the council had
reviewed. Bob Fant made a motion to pay the bills and Keith Allen seconded. All
approved.
Mayor Barron asked for a motion to adjourn which was made by Bob Fant and
seconded by Buddy Curry. All approved and the meeting was adjourned at 7:35 PM.